DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kajihara (US Patent Application Publication Number 2019/0084503).
Regarding claim 1, Kajihara discloses a cable holding device, comprising: a body (20) extending in a specific plane and comprising: an attachment section (at a front portion thereof for instance) configured to, with the specific plane facing a seating surface of a seat of a vehicle, attach the body to a seat component of the seat (i.e. the backrest), seat component comprising a cushion pad (of 3; see at least paragraph 25) on the seating surface and a cushion pad support (14 and/or 16 for instance) supporting the cushion pad from below (at least in part); and a lock (at least 42) configured to lock at least a portion of a cable (41) provided for the seat, and wherein the body has a space in a central area facing a central portion of a seating area of the seating surface (see figures), the body being positioned below and near the cushion pad support (it is view as such at the very least in part; see figures).
Regarding claim 4, Kajihara further discloses the body is bent in a C shape extending in the specific plane and having a central space as the central area (this is the general shape see figures).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kajihara. Kajihara discloses a device as explained above including the body having a central space as the central area but may not clearly discloses a loop shape. Changes in shape require only routine skill in the art and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the shape as claimed based on normal variation because this could improve integrity or support for various users.
Response to Arguments
Applicant's arguments filed 16 September 2026 have been fully considered but they are not persuasive. Specifically, Applicant argues that Kajihara does not disclose a holding device positioned below a seating surface. While Appliant’s analysis of Kajihara’s arrangement within the back frame is appreciated, it is maintained that the arrangement anticipates the current claim language. Note that at least the forward-facing portion of the seat back would form a seating surface (which could be defined variously thereon) and the body is positioned below and near members of the frame that form a cushion pad support. Though the arrangement may differ somewhat from the invention, it nevertheless meets the limitations as currently set forth.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636
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